The state Environmental Protection Division (EPD) issued the plant an operating permit in 2004 but last fall the agency's director, Carol Couch, ordered the plant to close following numerous complaints from nearby residents and after EPD documented numerous alleged violations of its permit. Agri-Cycle appealed and while that appeal was pending, a holding pond at the plant caught fire last September and burned for more than a day.
A Jackson County Superior Court judge subsequently upheld EPD's request but Agri-Cycle appealed to the state Supreme Court which, on Monday, unanimously ruled in the favor of EPD.
The high court ruled there is adequate evidence that Agri-Cycle violated the Georgia Water Quality Control Act that that the lower court did not err in granted the injunction sought by Couch.
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On the Net:
Georgia Supreme Court ruling. http://www.gasupreme.us/pdf/s08a0927.pdf
http://accesswdun.com/article/2008/6/211214